Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations 8821 

§ 52.1120 Identification of plan. 

* * * * * 

(c) * * * 

(134) Revisions to the State 

Implementation Plan submitted by the 

Massachusetts Department of 

Environmental Protection on July 12, 

2006. 

(i) Incorporation by reference. 

(A) Massachusetts Regulation 310 

CMR 7.38, entitled ‘‘Certification of 

Tunnel Ventilation Systems in the 

Metropolitan Boston Air Pollution 

Control District,’’ effective in the 

Commonwealth of Massachusetts on 

December 30, 2005. 

(B) Massachusetts Regulation Filing, 

dated December 13, 2005, amending 310 

CMR 7.38 entitled ‘‘Certification of 

Tunnel Ventilation Systems in the 

Metropolitan Boston Air Pollution 

Control District.’’

(ii) Additional materials. 

(A) Letter from the Massachusetts 

Department of Environmental Protection 

dated July 12, 2006, submitting a 

revision to the Massachusetts State 

Implementation Plan. 

■ 3. In § 52.1167, Table 52.1167 is 

amended by adding two new citations to 

the existing entry for 310 CMR 7.38 to 

read as follows: 

§ 52.1167 EPA-approved Massachusetts 

State regulations. 

* * * * * 

TABLE 52.1167—EPA-APPROVED MASSACHUSETTS REGULATIONS

State citation Title/subject 

Date 

submitted by 

State 

Date 

approved by 

EPA 

FEDERAL REGISTER citation 52.1120(c) Comments/unapproved sections 

* * * * * * * 

310 CMR 7.38 Tunnel vent 

certification 

regulation.

7/12/06 2/15/08 [Insert FEDERAL REGISTER page 

number 

where the 

document 

begins].

134 Amendments to Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District. 

7/12/06 2/15/08 [Insert FEDERAL REGISTER page 

number 

where the 

document 

begins].

134 Massachusetts Regulation Filing, dated December 13, 2005, substantiating December 30, 2005, State effective date for 

amended 310 CMR 7.38 ‘‘Certification of 

Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District.’’

* * * * * * * 

Notes: 

1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 

2. The regulations are effective statewide unless stated otherwise in comments or title section. 

[FR Doc. E8–2745 Filed 2–14–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XF62 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 feet 

(18.3 m) LOA Using Jig or Hook-andLine Gear in the Bogoslof Pacific Cod 

Exemption Area in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (< 18.3 meters (m)) 

length overall (LOA) using jig or hookand-line gear in the Bogoslof Pacific cod 

exemption area of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the limit of Pacific 

cod for catcher vessels < 60 ft (18.3 m) 

LOA using jig or hook-and-line gear in 

the Bogoslof Pacific cod exemption area 

in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 12, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with 

§ 679.22(a)(7)(i)(C), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that 113 

metric tons of Pacific cod have been 

caught by catcher vessels < 60 ft (18.3 

m) LOA using jig or hook-and-line gear 

in the Bogoslof exemption area 

described at § 679.22(a)(7)(i)(C)(1). 

Consequently, the Regional 

Administrator is prohibiting directed 

fishing for Pacific cod by catcher vessels 

< 60 ft (18.3 m) LOA using jig or hookand-line gear in the Bogoslof Pacific cod 

exemption area. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 


rwilkins on PROD1PC63 with RULES
8822 Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher vessels < 60 ft (18.3 m) LOA 

using jig or hook-and-line gear in the 

Bogoslof Pacific cod exemption area. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 11, 

2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.22 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 11, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–706 Filed 2–12–08; 2:08 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071029546–7546–02] 

RIN 0648–AU85 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Individual Fishing 

Quota Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

modify the Individual Fishing Quota 

(IFQ) Program for the fixed-gear 

commercial Pacific halibut fishery and 

sablefish fishery by revising regulations 

governing the use of commercial halibut 

quota share (QS) and the processing of 

non-IFQ species when processed halibut 

is onboard a vessel. This action amends 

current regulations to allow persons 

holding category A halibut QS to 

process IFQ regardless of whether a QS 

holder with unused category B, C, or D 

halibut QS is onboard the vessel. This 

action also allows catcher/processor 

vessels to process non-IFQ species 

regardless of whether any processed IFQ 

species is onboard the vessel. This 

action is necessary to improve the 

efficiency of fishermen fishing on 

catcher/processor vessels. The action is 

intended to allow halibut QS holders 

greater flexibility in using their QS, 

allow use of crew who hold unused 

category B, C, or D halibut QS while 

onboard a category A halibut QS vessel, 

and increase the product quality of nonIFQ species harvested incidentally to 

IFQ halibut. 

DATES: Effective March 17, 2008. 

ADDRESSES: Copies of the Categorical 

Exclusion (CE) and the Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (RIR/FRFA) 

prepared for this action are available by 

mail from NMFS, Alaska Region, P.O. 

Box 21668, Juneau, AK 99802–1668, 

Attn: Ellen Sebastian, Records Officer; 

in person at NMFS, Alaska Region, 709 

West 9th Street, Room 420A, Juneau, 

AK; or via the Internet at the NMFS 

Alaska Region website at http:// 

www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Becky Carls, 907–586–7228 or 

becky.carls@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

International Pacific Halibut 

Commission (IPHC) and NMFS manage 

fishing for Pacific halibut (Hippoglossus 

stenolepis) through regulations 

established under the authority of the 

Convention between the United States 

and Canada for the Preservation of the 

Halibut Fishery of the Northern Pacific 

Ocean and Bering Sea (Convention) and 

the Northern Pacific Halibut Act of 1982 

(Halibut Act). The IPHC promulgates 

regulations pursuant to the Convention. 

The IPHC’s regulations are subject to 

approval by the Secretary of State with 

concurrence from the Secretary of 

Commerce (Secretary). After approval 

by the Secretary of State and the 

Secretary, the IPHC regulations are 

published in the Federal Register as 

annual management measures pursuant 

to 50 CFR 300.62 (72 FR 11792; March 

14, 2007). 

The Halibut Act also authorizes the 

North Pacific Fishery Management 

Council (Council) to develop and 

submit regulations to the Secretary to 

allocate harvesting privileges among 

U.S. fishermen. Regulations developed 

by the Council are implemented only 

with the approval of the Secretary. Like 

the original Halibut and Sablefish IFQ 

Program (IFQ Program) regulations and 

subsequent amendments to them, this 

action was developed by the Council 

under authority of the Halibut Act. 

The Council, under the authority of 

the Halibut Act (with respect to Pacific 

halibut) and the Magnuson-Stevens 

Fishery Conservation and Management 

Act (with respect to sablefish), adopted 

the IFQ Program in 1991. The IFQ 

Program established a limited access 

system for managing the fixed gear 

Pacific halibut fishery in Convention 

waters in and off Alaska and sablefish 

fisheries in waters of the Exclusive 

Economic Zone, located between 3 and 

200 miles off Alaska. The IFQ Program 

was approved by NMFS in January 

1993, and promulgated in Federal 

regulation on November 9, 1993 (58 FR 

59375). Fishing under the IFQ Program 

began on March 15, 1995, ending the 

open access fishery which preceded its 

implementation. Regulations 

implementing the IFQ Program are at 50 

CFR part 679. In addition, Federal 

regulations at 50 CFR part 300, subpart 

E, also govern the halibut IFQ fishery. 

Background and Need for Action 

The background and need for this 

action were described in detail in the 

preamble to the proposed rule 

published in the Federal Register on 

November 14, 2007 (72 FR 64034). In 

summary, this final rule will relieve 

some of the restrictions affecting holders 

of commercial halibut QS. 

Under the IFQ Program, QS represents 

a harvesting privilege for a person. On 

an annual basis, QS holders are 

authorized to harvest a specified 

poundage which is issued by NMFS as 

IFQ. Federal regulations at 50 CFR 

679.40(a)(5) divide QS into vessel 

categories (A, B, C, and D for halibut) 

with unique restrictions designed to 

prevent excessive consolidation and 

regulate total harvest. With few 

exceptions, halibut QS or IFQ assigned 

to a vessel category may not be used to 

harvest IFQ species on a vessel of a 

different category. 

The IFQ Program includes an 

economic protection measure 

prohibiting the processing of non-IFQ 

species (e.g., Pacific cod) onboard a 

vessel on which a person holds catcher 

vessel halibut IFQ. This prohibition 

resulted in the unanticipated waste of 

species caught incidentally to halibut, 

especially rockfish and Pacific cod. In 

addition, persons fishing halibut IFQ 

derived from category A QS could not 

process any species if a person onboard 

the vessel held unused halibut IFQ 


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